The Board of Supervisors of each municipality may regulate subdivision and land development within the municipality by enacting a subdivision and land development ordinance. Provisions regulating manufactured home parks shall be set forth in separate and distinct articles of any subdivision and land development ordinance adopted pursuant to the Pennsylvania Municipalities Planning Code, Act 247, as amended, Article V, § 501.[1]
[1]
Editor's Note: See 53 P.S. § 10501.
The purpose, authority and jurisdiction for a manufactured home park as a land development are the same as those contained in Article II of this chapter.
The plan requirements and processing procedure for a manufactured home park as a land development shall be in accordance with the requirements contained in Article IV of this chapter, in addition to applicable provisions of the West Hanover Township Manufactured Home Ordinance and Chapter 195, Zoning, as amended.
The arrangement and other design standards and improvements shall be in accordance with the requirements contained in Article VI and Article VII herein, except as otherwise specified in the West Hanover Township Manufactured Home Ordinance and/or Chapter 195, Zoning, as amended.
A.
Site location and design standards.
(1)
Layout of lots.
(a)
All lots shall abut a street. Side lot lines
laid out in rectangular blocks should be perpendicular or diagonal
to the street at angles not less than 30º from perpendicular.
Front and rear lot lines in rectangular blocks shall be straight and
continuous.
(b)
In cul-de-sac arrangements, the side lot lines
shall be radial to the street lines.
(2)
Lot dimensions and area. The lot size shall be not less than 50 feet wide at the building setback line for interior lots. Lot area shall be in accordance with Article VIII and Article XVIII of Chapter 195, Zoning, nor less than 5,000 square feet in area for all lots. In addition, each manufactured home lot size shall:
[Amended 7-17-2000 by Ord. No. 2000-7[
(3)
Corner lots. Corner lots for manufactured home use
shall have the manufactured home situated to permit appropriate building
setback from both streets and allow proper sight distance.
(5)
Buffering and screening. Where a manufactured home park abuts an interstate, principal arterial, minor arterial, collector, local collector and/or local roads or is located adjacent to industrial or commercial properties or districts, screening shall be provided within a buffer yard 25 feet in width along the abutting right-of-way or property separating the manufactured home park from the adjacent land uses and roadways. Screening shall be provided in accordance with Article XIX, § 195-124A, Level Two or Level Three screening, of Chapter 195, Zoning.
B.
F.
Mailboxes. The owner shall provide and maintain a
central location for all mailboxes for persons living in the park.
G.
Landscaping. Planting is required to the extent needed
to provide for:
(3)
Adequate shade in playground areas.
H.
J.
Recreation vehicle parking. In order to ensure that recreational vehicles are not parked on the manufactured home park streets or on the manufactured home lot, a landscaped recreation vehicle parking area shall be provided in accordance with the following standards and Article XXII of Chapter 195, Zoning:
K.
Skirting. Skirting shall be required around the entire
perimeter of the manufactured home. Skirting shall be installed in
accordance with Appendix A of the CABO One- and Two-Family Dwelling
Code.
A.
Natural gas system.
(1)
Natural gas piping systems, when installed in manufactured
home parks, shall be maintained in conformity with accepted engineering
practices and the BOCA National Building Code.
(2)
Each manufactured home lot provided with piped gas
shall have an approved shutoff valve installed upstream of the gas
outlet. The outlet shall be equipped with an approved cap to prevent
accidental discharge of gas when the outlet is not in use.
B.
Liquefied petroleum gas systems.
(1)
Liquefied petroleum gas (LPG) systems provided for
manufactured homes, service buildings or other structures when installed
shall be maintained in conformity with the rules and regulations of
the authority having jurisdiction and shall include the following:
(a)
Systems shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(b)
Systems shall have at least one accessible means
for shutting off gas. Such means shall be located outside the manufactured
home and shall be maintained in effective operating condition.
(c)
All LPG piping outside of the manufactured homes
shall be well-supported and protected against mechanical injury. Undiluted
liquefied petroleum gas in liquid form shall not be conveyed through
piping equipment and systems in manufactured homes.
(d)
Vessels of more than 12 and less than 60 U.S.
gallons' gross capacity may be installed on a manufactured home lot
and shall be securely but not permanently fastened to prevent accidental
overturning.
(e)
No LPG vessel shall be stored or located inside
or beneath any storage cabinet, carport, manufactured home or any
other structure unless such installations are specially approved by
the authority having jurisdiction.
(f)
Liquefied petroleum gas systems shall be installed
in accordance with the BOCA National Building Code.
C.
Fuel oil supply systems.
(1)
All fuel oil supply systems provided for manufactured
homes, service buildings and other structures shall be installed and
maintained in conformity with the rules and regulations of the authority
having jurisdiction when provided.
(2)
All piping from outside fuel storage tanks or cylinders
to manufactured homes shall be securely, but not permanently, fastened
in place.
(3)
All fuel oil supply systems provided for manufactured
homes, service buildings and other structures shall have shutoff valves
located within five inches of storage tanks.
(4)
All fuel storage tanks or cylinders shall be securely
placed and shall not be less than five feet from any manufactured
home exit.
(5)
Storage tanks located in areas subject to traffic
shall be protected against physical damage.
(6)
Fuel oil supply systems shall be installed in accordance
with the BOCA National Building Code.
A potable water supply shall be supplied to
all dwellings within a mobile home park. The mobile home park shall
be served by public water or one central community water supply as
defined by this chapter. Such systems shall be installed according
to the requirements and standards of the Pennsylvania Department of
Environmental Protection (DEP). In addition to such requirements,
the water distribution system shall be constructed in accordance with
the following:
A.
Individual water-riser pipes shall be located within
the confined area of the manufactured home stand at a point where
the water connection will approximate a vertical position.
B.
The water-riser pipe shall extend at least four inches
above ground elevation. The pipe shall be at least 3/4 inch. The water
outlet shall be capped when a manufactured home does not occupy the
lot.
C.
Adequate provisions shall be made to prevent freezing
of service lines, valves and riser pipe and to protect risers from
heaving and thawing actions of the ground during freezing weather.
Surface drainage shall be diverted from the location of the riser
pipe.
D.
A shutoff valve below the frost line shall be provided
near the water-riser pipe of each manufactured home lot.
E.
Underground stop and waste valves shall not be installed
on any water service.
Manufactured home parks shall be served by a
public or one community sewage system as defined by this chapter.
For community systems, the owner of the manufactured home park shall
prepare an evaluation of the various sewage disposal alternatives
which addresses the following and shall provide financial assurances
for the repair or replacement of the community system, providing:
A.
The cost of extending existing public sewers to the
site. This shall address the length of the extension, potential methods
of conveyance and the ability of the existing public sewer system
to accommodate flows from the site.
B.
The cost of the community sewer system, including
installation, operation and maintenance costs, in comparison to the
costs associated with the extension of existing sewer lines to the
site. This shall also provide adequate justification for the selection
of the community sewer system.
All public sewer systems require approval and
permitting by the Pennsylvania Department of Environmental Protection.
In addition, the design of a community sewer system for a manufactured
home park shall be subject to the approval of the Township Board of
Supervisors following the review of the design by the Township Engineer.
The design of a public sewer system which represents an extension
of an existing public sewer system, owned and operated by a municipal
authority, shall be subject to the approval of the applicable municipal
authority following the review of the authority's engineer.
No animals, except domestic household pets,
shall be permitted within the park, and then only such animals as
will not create a nuisance or disturb other people.
A.
All improvements, construction requirements and engineering specifications for the improvements required shall be provided in accordance with Article VI and Article VII of this chapter, in addition to those required in the West Hanover Township Manufactured Home Ordinance and Chapter 195, Zoning, as amended.
B.
Underground utilities. Electric, telephone and all
other utilities facilities shall be installed underground unless,
in the opinion of the Planning Commission, special conditions require
otherwise.
The owner shall provide each occupant of the
park with a copy of the pertinent laws applicable to occupiers of
manufactured home parks.
A.
Manufactured home park permits. Any person intending to develop a tract of land as a manufactured home park shall have a permit from the Township for each such park, issued in accordance with the requirements contained in the West Hanover Township Manufactured Home Ordinance and Chapter 195, Zoning, as amended.
B.
Fees.
(1)
At the time of filing the preliminary plan and the final plan for the development of a tract of land for a manufactured home park, the applicant shall be required to pay to West Hanover Township plan processing and inspection fees as required for a subdivision or land development in accordance with Article X of this chapter.
(2)
The fee shall be required for each manufactured home lot to be altered or added to the manufactured home park and shall accompany all applications for alteration or extension in accordance with Article X of this chapter.
(3)
Upon final approval of the application by the West
Hanover Township Board of Supervisors, when it has been ascertained
that the proposed plan meets the requirements of this chapter and
regulations issued hereunder, a license and permit shall be issued.
C.
Licenses. Any person intending to operate a manufactured
home park within the Township shall have a license from the Township
for each such park as follows:
(1)
It shall be unlawful for any person to operate any
manufactured home park within West Hanover Township unless he holds
a valid license, in the name of such person, for the specific manufactured
home park. All license applications shall be made to the Township,
who shall issue a license upon compliance by the applicant with provisions
of this chapter and regulations issued hereunder and other applicable
legal requirements.
(2)
Every person holding a license shall give notice,
in writing, to the Township within 10 days after having sold, transferred,
or otherwise disposed of interest in or control of any manufactured
home park. Such notice shall include the name and address of the person
succeeding to the ownership or control of such manufactured home park.
(3)
Upon application, in writing, for transfer of the
license and deposit of a fee established by resolution, the license
shall be transferred if the manufactured home park is in compliance
with all applicable provisions of this chapter and regulations issued
hereunder.
(4)
Application for original licenses shall be in writing,
signed by the applicant, accompanied by an affidavit of the applicant
as to the truth of the application and by the deposit established
by resolution, and shall contain:
(a)
The name and address of the applicant.
(b)
The location and legal description of the manufactured
home park.
(c)
The plan of the manufactured home park, approved by the West Hanover Township Board of Supervisors, showing all manufactured home lots, manufactured home stands, structures, roads, walkways, service facilities, stormwater drainage facilities and other pertinent information required under Article IV of this chapter.
(5)
The license shall be valid for a period of one year
unless revoked by the Township. Licensing fees shall be calculated,
billed and collected in January of each year. Fees for licenses shall
be prorated.
(6)
Applications for renewal of licenses shall be made
in writing by the holders of the licenses and shall be accompanied
by the fee required by resolution for each manufactured home in the
park during the previous year; the latter shall be due and payable
at the end of each year regardless of whether or not a renewal application
is submitted. The application shall contain any change in the information
submitted since the original license was issued or the latest renewal
granted.
(7)
Whenever, upon inspection of any manufactured home park, the Township finds that conditions or practices exist which are in violation of any provision of this chapter or regulations issued hereunder, the Township shall give notice, in writing, in accordance with Subsection A of this section, to the person to whom the license was issued that unless such conditions or practices are corrected within a reasonable period of time as specified in the notice by the Township, the license shall be suspended. At the end of such period the Township shall reinspect the manufactured home park and, if such conditions or practices have not been corrected, the license shall be suspended and notice given, in writing, of such suspension to the person to whom the license is issued. Upon receipt of notice of such suspension, such person shall cease operation of such manufactured home park, except as provided in § 173-62C(3) of this chapter.
(8)
Suspended license.
(a)
Any person whose license has been suspended, or who has received notice from the Township that his license will be suspended unless certain conditions or practices at the manufactured home park are corrected, may request and shall be granted a hearing on the matter before the Township Board of Supervisors or under the procedure provided by § 173-62 of this chapter.
(b)
Provided that, when no petition for such hearing
shall have been filed within 10 days following the day on which notice
of suspension was served, such license shall be deemed to have been
automatically revoked at the expiration of such ten-day period.
(9)
A temporary license, upon written request therefor,
may be issued by the Board of Supervisors for every manufactured home
park in existence at the effective date of this chapter, permitting
the manufactured home park to be operated during the period ending
180 days after the effective date of this chapter in accordance with
such conditions as the Township may require.
(10)
The term of the temporary license shall be extended,
upon written request, for not to exceed one additional period of 180
days, if:
(a)
The licensee shall have filed application for a license in conformity with Subsection C of this section within 90 days after the effective date of this chapter;
(b)
The plans and specifications accompanying the
application for license comply with all provisions of this chapter
and all other applicable ordinances and statutes;
(c)
The licensee shall have diligently endeavored
to make the existing manufactured home park conform fully to the plans
and specifications submitted with the application; and
(d)
Failure to make the existing manufactured home
park conform fully to such plans and specifications shall have been
due to causes beyond the control of the licensee.
The Township of West Hanover is hereby authorized
to make such inspections as are necessary to determine satisfactory
compliance with this chapter and regulations issued hereunder.
A.
The Township shall have the power to enter at reasonable
times upon any private or public property for the purpose of inspecting
and investigating conditions relating to the enforcement of this chapter
and regulations issued hereunder.
B.
The Township shall have the power to inspect the register
containing a record of all residents of the manufactured home park.
C.
It shall be the duty of the owners or occupants of
the manufactured home park and manufactured homes contained therein,
or of the person in charge thereof, to give the Township access to
such premises at reasonable times for the purpose of inspection.
D.
It shall be the duty of every occupant of the manufactured
home park to give the owner thereof or his agent or employee access
to any part of such manufactured home park or its premises at reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with this chapter and regulations issued
hereunder, or with any lawful order issued pursuant to the provisions
of this chapter.
A.
Notices. Whenever the Township determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter or regulations issued hereunder,
notice shall be given of such alleged violation to the person to whom
the permit or license was issued, as hereafter provided. Such notice
shall:
(1)
Be in writing.
(2)
Include a statement of the reasons for issuing the
violation notice.
(3)
Allow a reasonable time for the performance of any
act the violation notice requires.
(4)
Be served upon the owner or his agent as the case
may require; provided that such notice or orders shall be deemed to
have been properly served upon such owner or agent when a copy thereof
has been sent by certified mail to his last known address, or when
he has been served by such notice by any method authorized or required
by the laws of the Commonwealth of Pennsylvania.
(5)
Contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this chapter and regulations
issued hereunder.
B.
Hearing.
(1)
Any person affected by any notice which has been issued
in connection with the enforcement of any provisions of this chapter,
or regulation issued hereunder, may request a hearing on the matter
before the Board of Supervisors; provided that such a person file
in the office of the Township written petition requesting such hearing
and setting forth a brief statement of the grounds therefor within
10 days after the day the notice was served.
(2)
The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under Subsection C(3) of this section. Upon receipt of such petition, the Board of Supervisors shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.
(3)
The hearing shall be commenced not later than 10 days
after the day on which the petition was filed; provided that, upon
application of the petitioner, the Board of Supervisors may postpone
the date of the hearing for a reasonable time beyond such ten-day
period when, in its judgment, the petitioner has submitted good and
sufficient reasons for such postponement.
C.
Order.
(1)
After such hearing, the Board of Supervisors shall make findings as to compliance with the provisions of this chapter and regulations issued hereunder and shall issue an order, in writing, sustaining, modifying or withdrawing the notice which shall be served as provided in Subsection A of this section. Upon failure to comply with any order sustaining or modifying a notice, the license of the manufactured home park affected by the order shall be revoked.
(2)
The proceedings at such a hearing, including the findings
and decision of the Board of Supervisors and together with a copy
of every notice and order related thereto, shall be entered as a matter
of public record of the Board of Supervisors. However, the transcript
of the proceedings need not be transcribed unless judicial review
of the decision is sought as provided by this section. Any person
aggrieved by the decision of the Board of Supervisors body may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of the Commonwealth of Pennsylvania.
(3)
Whenever the Township finds that an emergency exists which requires immediate action to protect the public, it may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as it may deem necessary to meet the emergency, including the suspension of the permit or license. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately but, upon a petition to the Board of Supervisors, shall be afforded a hearing as soon as possible. The provisions of Subsection B(1), (2) and (3) of this section shall be applicable to such hearing and the order issued thereafter.
It shall be unlawful for the owner, tenant or
custodian of a manufactured home to remove or attempt to remove from
West Hanover Township a manufactured home without first obtaining
a removal permit from the Township Tax Collector. A removal permit
shall be granted upon payment of a fee established by resolution and
submission of the following information:
The application for a modification of requirements shall be in accordance with the provisions of Article XI of this chapter.
The enforcement, amendments, remedies, severability and repealer provisions shall be in accordance with the provisions of Article XII of this chapter.
